LHC summons deputy speaker Mazari on appeal against CJ's order

Elahi’s counsel argues Mazari has become controversial and has a no-trust motion against him

LAHORE:

The Lahore High Court’s (LHC) division bench, headed by Justice Shujaat Ali Khan, has summoned Deputy Speaker Sardar Dost Mazari, the chief secretary and the Inspector General of Punjab on Friday (tomorrow) on a set of petitions challenging the LHC’s order which allowed the deputy speaker to preside over the session for the election of the chief minister scheduled on April 16.

The petitions were filed by PML-Q Speaker Chaudhry Pervez Elahi and others. Since the appellants apprehend misconduct on the election day, the Advocate General Punjab (AGP) was directed to ensure personal appearance of the chief secretary and IGP on April 15 (today).

As proceedings commenced on Thursday, the PML-Q and Elahi’s counsels implored the bench that courts could not intervene in the assembly’s business and they added that the deputy speaker could not preside over the house as he was 'controversial'. 

However, the bench’s second member, Justice Jawad Hassan, stated that the rules allowed him to do so.

Elahi’s counsel barrister Ali Zafar argued that the deputy speaker has become a controversial party after he became embroiled in the legal battle and had a no-trust motion submitted against him in the Punjab Assembly secretariat.

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The Punjab Assembly’s secretariat’s counsel expelled the impression that all powers of the then acting speaker Sardar Dost Muhammad Mazari had been withdrawn. He added that his power to adjourn the house had been withdrawn while other powers at that time were intact.

The PA secretariat’s counsellor questioned the court, “how is it possible to hand over the house to a controversial figure?” adding that the deputy speaker believes he must chair the house in light of the rules but it is not prerequisite.

Earlier on April 13, LHC’s Chief Justice Muhammad Ameer Bhatti allowed deputy speaker Marazri to hold contest on the CM’s election on April 16 and further turned down PML-N’s Hamza Shehbaz Sharif request to conduct elections early.

The chief justice, after hearing detailed arguments, had reserved the decision on April 12 after counsels from the PML-N, PML-Q, Chaudhry Pervaiz Elahi and PA secretariat could not reach a consensus on the neutrality of a person, who would be nominated to preside over the House on April 16.

A reliable source claimed that the PML-Q would file an intra-court appeal against the order.

The chief justice, in his order said, “the powers of the deputy speaker in terms of Rule 25 of the Rules of Procedure were withdrawn, being contrary to Article 53(3) of the Constitution by virtue of which Deputy Speaker in absence of the Speaker attained the status of Speaker for this Session, completely overriding the powers provided in Rules, is hereby set aside”.